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HomeMy WebLinkAboutOrdinance 1720CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 14 ORDINANCE NO. 1720 Series 2021 TITLE: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE WHEAT RIDGE URBAN RENEWAL AUTHORITY AND IN CONNECTION THEREWITH APPROVING THE CONVEYANCES OF REAL PROPERTY TO AND FROM THE CITY WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, the City Council has adopted the Wadsworth Corridor Urban Renewal Plan, as amended (the "Urban Renewal Plan" or the "Plan"); and WHEREAS, as part of the implementation of the Plan by the Wheat Ridge Urban Renewal Authority, the Authority entered into a Purchase and Sale Agreement by which the Authority agreed to convey certain property (the "Property") to Quadrant Wheat Ridge Corners, LLC (the "Developer"); and WHEREAS, the Property is subject to a Voluntary Cleanup Program Application dated December 10, 2013, as approved by the Colorado Department of Public Health (the "CDPHE") on January 7, 2014 (the "VCUP"), the completion of which will result in a "No Action Determination" letter (the "NAD Letter") to be issued by the CDPHE; and WHEREAS, in order to pay for the cost of the environmental remediation of the Property, the City has on an annual basis provided funding to the Authority to allow the Authority to cause the environmental remediation of the Property to be completed, and the Authority has in fact spent the remediation funds on behalf of the City to cause the NAD Letter to be issued as part of the Authority's implementation of the Urban Renewal Plan; and WHEREAS, in order to obtain the Tax Credit Certificate under the current language of C.R.S. § 39-22-526 as amended by Senate Bill 14-073, the City must both pay for the cost of theenvironmental remediation and own the property that has been remediated; and WHEREAS, the City desires to have the Authority convey the Property to the City in order for the City to obtain the Certificate, and then upon the Certificate being used, have the City convey the Property back to the Authority in order for the Authority to complete the conveyance of the Property to the Developer upon issuance of the Certificate to the City; and WHEREAS, the City Council wishes to approve an Intergovernmental Agreement with the Wheat Ridge Urban Renewal Authority to accomplish these goals. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wheat Ridge, Colorado: Section 1. IGA Approved. The Intergovernmental Agreement between the City and the Wheat Ridge Urban Renewal Authority, attached hereto as Exhibit A, is hereby approved. Section 2. Property Conveyances Approved. The City Council hereby approves the acceptance of title to the Property and the subsequent reconveyance of the Property to the Authority, in forms approved by the City Attorney, all as described in the Intergovernmental Agreement. Section 3. Effective Date. This Ordinance shall take effect upon approval by the Authority of the Intergovernmental Agreement, but in no event later than November 20, 2021, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23rd day of August 2021, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for September 13, 2021 at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, if allowed to meet in person on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 13th day of September 2021. SIGNED by the Mayor on this 15th day of September 2021. __________________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: August 26, 2021 Second Publication: September 16, 2021 Effective Date: Upon approval by the Authority of the Intergovernmental Agreement, but in no event later than November 20, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us INTERGOVERNMENTAL AGREEMENT REGARDING THE CONVEYANCE OF PROPERTY THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") dated as of the 23rd day of August, 2021 (the "Effective Date"), is entered into by and between the City of Wheat Ridge, Colorado (the "City"), a home rule municipal corporation of the State of Colorado, and the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (the "Authority"), a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado. RECITALS: WHEREAS, the City is a home rule municipality and municipal corporation duly organized and existing under and pursuant to Article XX of the Colorado Constitution and the Home Rule Charter of the City of Wheat Ridge (the "Charter"); WHEREAS, the Authority is a body corporate and has been duly organized, established, and authorized by the City to transact business and exercise its powers as an urban renewal authority, all under and pursuant to the Colorado Urban Renewal Law, C.R.S. § 31-25-101, et seq. (the "Act"); WHEREAS, the City Council has adopted the Wadsworth Corridor Urban Renewal Plan, as amended (the "Urban Renewal Plan" or the "Plan"); WHEREAS, the Act, and Section 18 Article XIV of the Colorado Constitution authorize the City and the Authority to enter into cooperative intergovernmental agreements such as this Agreement. WHEREAS, as part of the implementation of the Plan by the Authority, the Authority entered into that Purchase and Sale Agreement dated January 3, 2017, (the "Purchase Agreement"), attached hereto as Exhibit A, and incorporated herein by this reference, by which the Authority agreed to convey certain property as more particularly described in the Purchase Agreement and located at 7690 West 38th Avenue and 3790 Yukon Court, Wheat Ridge, Colorado 80033 (the "Property") to Quadrant Wheat Ridge Corners, LLC (the "Developer"); WHEREAS, Section 4.5 of the Purchase Agreement identifies that the Property is subject to a Voluntary Cleanup Program Application dated December 10, 2013, as approved by the Colorado Department of Public Health (the "CDPHE") on January 7, 2014 (the "VCUP"), the completion of which will result in a "No Action Determination" letter (the "NAD Letter") to be issued by the CDPHE; WHEREAS, Section 4.5 of the Purchase Agreement specifically provides for the conveyance of the Property to the Developer upon issuance by the CDPHE of the NAD Letter, which NAD Letter is to be issued upon completion by the Authority of that certain environmental remediation of the Property on the City's behalf in accordance with the Plan and consistent with the VCUP; EXHIBIT A